Course of Employment in UK Law

Leading Cases
  • Rose v Plenty
    • Court of Appeal (Civil Division)
    • 07 July 1975

    Similarly, when, as I shall indicate, it is important that one should determine the course of employment of the servant, the law of agency may have some marginal relevance But basically, as I understand It, the employer is made vicariously liable for the tort of his employee not because theplaintiff is an invitee, nor because of the authority possessed by the servant, but because It is a case in which the employer, having put matters into motion, should be liable if the motion that he has originated leads to damage to another.

  • Dubai Aluminium Company Ltd v Salaam
    • House of Lords
    • 05 December 2002

    Perhaps the best general answer is that the wrongful conduct must be so closely connected with acts the partner or employee was authorised to do that, for the purpose of the liability of the firm or the employer to third parties, the wrongful conduct may fairly and properly be regarded as done by the partner while acting in the ordinary course of the firm's business or the employee's employment.

  • Shilton v Wilmshurst
    • House of Lords
    • 08 February 1991

    The result is that an emolument "from employment" means an emolument "from being or becoming an employee." If an emolument is not paid as a reward for past services or as an inducement to enter into employment and provide future services but is paid for some other reason, then the emolument is not received "from the employment."

  • Majrowski v Guy's and St Thomas's NHS Trust
    • House of Lords
    • 12 July 2006

    Courts are well able to recognise the boundary between conduct which is unattractive, even unreasonable, and conduct which is oppressive and unacceptable. To cross the boundary from the regrettable to the unacceptable the gravity of the misconduct must be of an order which would sustain criminal liability under section 2.

  • Scally and Others v Southern Health and Social Services Board and Another
    • House of Lords
    • 23 October 1991

    I would define it as the relationship of employer and employee where the following circumstances obtain: (1) the terms of the contract of employment have not been negotiated with the individual employee but result from negotiation with a representative body or are otherwise incorporated by reference; (2) a particular term of the contract makes available to the employee a valuable right contingent upon action being taken by him to avail himself of its benefit; (3) the employee cannot, in all the circumstances, reasonably be expected to be aware of the term unless it is drawn to his attention.

  • Various Claimants v The Catholic Child Welfare Society and Others
    • Supreme Court
    • 21 November 2012

    The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied:

  • Mohamud v W M Morrison Supermarkets Plc
    • Supreme Court
    • 02 March 2016

    Secondly, the court must decide whether there was sufficient connection between the position in which he was employed and his wrongful conduct to make it right for the employer to be held liable under the principle of social justice which goes back to Holt. To try to measure the closeness of connection, as it were, on a scale of 1 to 10, would be a forlorn exercise and, what is more, it would miss the point.

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Legislation
  • Intellectual Property Act 2014
    • UK Non-devolved
    • January 01, 2014
    ...... (1) , for “in pursuance of a commission from, or in the course of employment with,” substitute “ in the course of employment with ......
  • The Agency Workers Regulations 2010
    • UK Non-devolved
    • January 01, 2010
    ...... 2(2) of the European Communities Act 1972 in relation to employment rights and duties . Amendments (Textual) # F1 1972 c.68. # F2 SI 2000/738. ... training” means work experience provided pursuant to a training course or programme, training for employment, or both, other than work experience ......
  • European Union Referendum Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... person (“P”) if—(a) A is appointed to assist P, or(b) in the course of employment A is assisting P,in connection with any function in relation ......
  • Medical Act 1983
    • UK Non-devolved
    • January 01, 1983
    ......1(2)(b)(c)(3), 23 . 12: Special provisions as to employment in health centres. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... for the applicant to satisfy the General Council that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has ......
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Books & Journal Articles
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Law Firm Commentaries
  • Not All In A Day's Work. Facebook Post Not 'In The Course Of Employment'
    • Mondaq UK
  • Littler Global Guide - United Kingdom - Q3 2019
    • JD Supra United Kingdom
    The Employment Appeal Tribunal (EAT) provided useful clarity on when an act by an employee is done “in the course of employment” making the employer liable. The claimant had seen a colleague’s soci...
    ......The Employment Appeal Tribunal (EAT) provided useful clarity on when an act by an e is done “in the course of employment” making the employer liable. The claimant had seen a ......
  • U.K. Employment Law Update: Social Media Discrimination, Impaired Vision and Occupational Health Reports
    • JD Supra United Kingdom
    Was an Employer Liable for an Employee’s Discriminatory Acts on Social Media? In Forbes v LHR Airport Ltd UKEAT/0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s ...
    ....../0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s discriminatory acts on social media had occurred “in the course of employment”, in which case her employer would have been liable for them. Mr Forbes worked as a security officer at London Heathrow Airport ......
  • UK Tribunal Rules - ‘Stale’ Standalone Training Proves Insufficient Defence to Race Harassment Claim
    • JD Supra United Kingdom
    Under section 109(1) of the Equality Act 2010 (EA 2010), an employer is liable for acts of discrimination, harassment, and victimisation carried out by its employees in the course of employment: “[...
    ......, harassment, and victimisation carried out by its employees in the course of employment: “[a]nything done by a person (A) in the course of A’s ......
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Forms
  • T426)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ......register at https://www.gov.uk/employment-tribunal-decisions. Presidential Guidance. Under the Employment Tribunal ...a reconsideration of the judgment must, unless it was made in the course of the hearing,. be made in writing and must be copied to all the other ......
  • T611)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...Employment Tribunals (Scotland). Judicial Mediation. When a person makes an ...mediation arrangement CMD. During the course of this call the date for the. mediation meeting itself (which will take ......
  • T420)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...T420. Making a claim to an Employment Tribunal. This publication also applies if you are appealing against:. • ...delivered in the ordinary course of post. In working out the number of days by which the time limit is ......
  • Apply to become someone's deputy (make a declaration)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ......2.1. What is your current occupation?. If you are not in paid employment, please give details of your current circumstances or previous . ...Where I. undertake my duties as a deputy in the. course of my professional work (if relevant),. I will abide by professional rules ......
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